Tempe Board of Adjustment Meeting - December 14, 2022

The City of Tempe Board of Adjustment held a formal meeting on December 14, 2022, at 1:15 PM. The board, with a reduced quorum of five members (instead of the usual seven), considered four agenda items: approval of prior meeting minutes, an appeal of a hearing officer's abatement decision, and two variance requests for single-family residences. The meeting was chaired by David Lyon, whose term was expiring. Four affirmative votes were required for any motion due to the short board. No public comments were received.

Consent Calendar

• Meeting Minutes (September 28, 2022): The board approved the study session and formal meeting minutes from September 28, 2022, with four ayes, one abstention (Vice Chair Frazy), and one abstention (Board Member Siegel). The motion passed with the city attorney's office authorizing a substitute vote to reach quorum.

Discussion Items

• Appeal of the October 19, 2022 Hearing Officer’s Decision to Approve Abatement for the Davis Property (2923 South Albert Drive):
  • Applicant/Property Owner (John Davis): Mr. Davis, who stated he is disabled and suffers from depression, PTSD, and OCD, requested more time to clean up his property. He described medical setbacks and communication issues with Care 7 and Tempe Neighbors Helping Neighbors. He said he had hired workers and expected compliance by January 2023. He did not request a continuance after being informed of the board’s limited discretion.
  • City Staff (Lily Drosos, Planner; Drew Yocum, Code Compliance Administrator): Staff presented that the case began April 12, 2022, for junk, trash, debris, and deteriorating landscape. The hearing officer approved a 180-day open abatement on October 19, 2022. Staff noted that Care 7 had at least 30 contacts with Mr. Davis but the property’s condition was too severe for a referral to Tempe Neighbors Helping Neighbors. Staff had no recommendation. Photos taken the morning of the meeting showed minimal progress: the front yard was mowed but violations remained.
  • Community Development Director (Jeff Tamulevich): Clarified that the board’s role was to determine if the hearing officer’s decision was correct based on information available at that time, not on subsequent cleanup.
  • Board Deliberation: Board members expressed sympathy but found no basis to overturn the hearing officer’s decision. Board Member Kegey moved to deny the appeal, stating the hearing officer did not err.
• Variance Request for Gipson Residence (2002 West Garden Drive):
  • Applicant (Darrell Jackson, on behalf of owner): Requested a reduction of the side yard setback from 10 feet to 6 feet in the R1-6 zoning district for an existing unfinished addition (363 sq. ft.). The property is on a corner lot with a wider street (33 ft vs. typical 25 ft). A prior variance had been granted in 2009 but expired due to contractor abandonment and owner financial hardship. The addition is needed for expanded family and care of grandchildren.
  • City Staff (Diana Kaminsky, Senior Planner): Recommended approval, noting the lot’s unique characteristics (wider right-of-way, adjacent industrial office). The neighborhood meeting on November 14 had two attendees, both supportive. No public concerns were received. Staff proposed the same conditions as in 2009.
  • Board Action: Unanimously approved the variance (5-0).
• Variance Request for Hladik Residence (8017 South College Avenue):
  • Applicant (Michael Hladik): Requested a reduction of the street side yard setback from 15 feet to 8 feet in the R1-10 zoning district to add a home office. The lot is irregularly shaped with a wider right-of-way (35 ft vs. 30 ft typical). He stated his wife works from home and they need space; neighborhood feedback was positive, with neighbors stating that the addition would raise property values. He initially uploaded a plan showing a 7-foot setback but corrected it to 8 feet.
  • City Staff (Steve Abramson, Principal Planner): Recommended approval, citing special circumstances (irregular lot shape, wider right-of-way). He noted a similar variance was approved for a nearby property at 531 East Secretariat Road. Three residents attended the neighborhood meeting and raised no objections.
  • Board Action: Unanimously approved the variance (5-0).

Key Outcomes

• Minutes Approved: The September 28, 2022 minutes were approved (4-0-2, with two abstentions).
• Davis Property Appeal Denied: The board voted 5-0 to deny the appeal, thereby upholding the hearing officer’s decision approving a 180-day abatement (effective October 19, 2022, through approximately April 19, 2023).
• Gipson Residence Variance Approved: Permitted a side yard setback reduction from 10 ft to 6 ft for an existing addition, with conditions from the 2009 approval.
• Hladik Residence Variance Approved: Permitted a street side yard setback reduction from 15 ft to 8 ft for a new addition.
• Board Membership Changes: Chair David Lyon and Vice Chair James Frazy termed out; Board Member Whitney Baker resigned. The next meeting is scheduled for January 25, 2023 (no cases set). The board recognized outgoing members for their service.